State estate guides › Wyoming

Wills and estate planning in Wyoming

Researched 2026-10-20 · confidence: high · 2026 figures

Signing a will

Statute: Wyo. Stat. § 2-6-112.

A subscribing witness takes nothing under the will unless there are two other disinterested and competent witnesses, but may still receive up to the intestate share they would otherwise get (Wyo. Stat. § 2-6-112(a)).

In writing (or typewritten), signed by the testator (or by another in the testator's presence at their express direction), and witnessed by 2 competent witnesses (§ 2-6-112(a)). Since July 1, 2023 (2023 Enrolled Act 83), witnesses may appear by real-time audio-video and 'securely sign the will electronically' (§ 2-6-112(b)), and the self-proving form covers electronic witness signatures. electronic_wills is null because Wyoming has no Uniform Electronic Wills Act, and I could not confirm whether a wholly electronic will (testator signing electronically, no paper original) is valid. Holographic wills are valid if entirely in the testator's handwriting and signed by hand, whether or not witnessed (§ 2-6-113). Self-proving affidavit is made before an officer authorized to administer oaths, with official seal (§ 2-6-114).

Power of attorney

Statute: Wyo. Stat. § 3-9-101 et seq. (Uniform Power of Attorney Act).

Only the principal's signature is required (§ 3-9-105). Notarization makes the signature presumed genuine and is strongly recommended (the statutory form includes a notarial certificate). Optional statutory form: § 3-9-301; agent's certification: § 3-9-302. Hot powers needing an express grant (§ 3-9-201(a)): trusts, gifts, survivorship rights, beneficiary designations, delegation, survivor annuity waivers, fiduciary powers, and disclaimers. Unless the POA says otherwise, an agent who is not an ancestor, spouse or descendant of the principal cannot create interests in themselves or in their dependents (§ 3-9-201(b)).

Health care directive

Called: Advance health care directive (power of attorney for health care and/or individual instruction).

Statute: Wyo. Stat. § 35-22-401 et seq. (Wyoming Health Care Decisions Act), § 35-22-403.

Witnesses to a power of attorney for health care may not be: a treating health care provider or the provider's employee; the named agent (attorney-in-fact); or the operator or an employee of a community care facility or residential care facility (§ 35-22-403(c)).

A power of attorney for health care must be in writing, signed, and EITHER acknowledged before a notarial officer OR signed by 2 witnesses, each making the statutory declaration under penalty of perjury (§ 35-22-403(b)). An individual instruction may be oral or written and has no witness formality (§ 35-22-403(a)). The optional statutory form section (§ 35-22-405) was repealed in 2007, and I found no official state form URL.

If there's no will: what a spouse gets

The spouse does NOT take everything: with children or their descendants surviving, the spouse takes one-half and the children/descendants take the other half, even if all children are also the spouse's (Wyo. Stat. § 2-4-101(a)(i)).

A spouse's right to a share

The surviving spouse may elect one-half of the property subject to the will (net of expenses, allowances and claims) if there are no surviving issue or the spouse is a parent of any surviving issue, or one-fourth if the spouse is not a parent of any surviving issue (Wyo. Stat. § 2-5-101(a)).

Estate and inheritance tax

No state estate tax.

No inheritance tax.

Probate

Probate is relatively light. A distribution affidavit is available 30+ days after death when the Wyoming estate subject to administration, less liens, is $400,000 or less, raised from $200,000 for deaths on or after July 1, 2025 (Wyo. Stat. § 2-1-201).

Sources

• wyoleg.gov
• wyoleg.gov
• wyoleg.gov
• wyoleg.gov
• wyoleg.gov
• wyocourts.gov

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.